City council tables development agreement vote until May 28, working on Wall Triana multi-use path

MADISON – The Madison City Council decided to again table a vote on a development agreement being fought by several residents who live near Kyser Boulevard. The agreement between the City of Madison and Breland Homes LLC was first tabled on April 8 after several residents voiced their concerns. It has now been pushed back to the May 28 city council meeting.

Breland Homes is looking to build luxury town homes on 106 acres at the end of Kyser Boulevard near downtown Madison. That is something adjacent homeowners say would cause problems.

According to the proposed development, Breland Homes will build at a pace of 50 homes per year over the next eight to 10 years.  It will also create a public greenway. But, the land on which Breland hopes to build is planned for industrial development, not residential homes.

At the center of the issue to build the town homes is the city’s growth plan. It was created to help manage the fast-paced growth in Madison and to limit negative impact to the already overcrowding problem in city schools.

Residents worry that making an exception to the growth plan to allow the town homes would add to the overcrowding issue area schools are combating.

Mike Sheehy, who spoke during the public comments section at Monday’s city council meeting, argued that making an exception to the city’s growth plan could also weaken the future enforcement of the plan. “On what basis can we ever say no to an exception after this? If we are to advance a non-conforming application, what value is the growth policy?” Sheehy asked.

Don Palmer, who ran for mayor in 2012, weighed in by telling the council that revenue from business development is needed more than building homes not anticipated by the growth plan. “I just don’t get it,” he said. “We only have five square miles to work with and that’s it. We are surrounded.  We should look at land that can bring income.”

District 3 councilman Teddy Powell appealed to the residents to use understanding as the city council decides what to do. “We are working as hard as we can, but we are stuck in the middle,” he said.

Powell said that Louis Breland and his companies are often painted in a negative light when issues like this arise, but they do a lot of good for Madison. He explained that Breland’s donations and building growth contributes to the revenue for the city and school district.

“The reality is, we are all partners in this,” Powell said. “We have to work together. If we don’t it affects everybody in a negative way.”

The city council voted to table the vote to approve the development agreement until May 28. Mayor Paul Finley said the city is not prepared to bring it forward for a vote in its present state. “We are still having discussions about it,” he said.

Wall Triana Multi-Use Path

Another issue that brought a few public comments, was the multi-use path project on Wall Triana Highway. The sidewalk would go from Brownsferry Road all the way up to Gillespie Road.

The city recently took bids on the project, but they came in over what city officials were planning.

“We had looked at about $1 million for that project. It came in at $1.6 million,” Madison Mayor Paul Finley told the city council members. He said with the large amount of construction projects already underway in our area, the cost of other construction projects continue to rise.

City officials have said they are re-examining the project and figuring out how to get it under budget. In the meantime, residents who would be affected along Wall Triana expressed their desire for the city to push through and fund the project.

“The planning commission’s report stated that one of the reasons why this walk path is needed is because the project will provide a much needed off-road path along Wall Triana, allowing for a safer means of pedestrian and bike travel along the roadway,” said Betty Jones, one of the residents who spoke out during the public comments portion of Monday’s city council meeting. “It means a lot to us. I know it’s been put on the back burner, and you are trying to do some things. I just ask that you please be considerate to all of us on Wall Triana.”

Jones’ husband, Gary Jones, addressed the council next. He has come to the Madison City Council for support for a walkway in that area for a long time. “We have been very patient with the city in regards to the multi-use path, while our children are having to walk in the ditch. This city has an unusual affection for funding recreational venues. That’s wonderful when priorities are met. Our children don’t have access to some of the same recreational offerings because they are cut off since there is no multi-use path. So, they face a kind of isolation.”

Tethering of Animals

The Madison City Council read a proposed ordinance that will prohibit tethering of unattended animals within the city limits.

“Right now, according to our animal cruelty code,  it is legal to tether an animal as long as the tether is longer than eight feet, “ city attorney Megan Zingeralli told the city council members. “We want to change that to eliminate all tethering of all unattended animals.”

The amended ordinance would read, “It shall be unlawful for the owner or custodian of any animal to: restrain an unattended animal with a leash or tether, or fixed point chaining or tethering the animal, to a stationary object, including but not limited to a house, tree, fence, post, garage, or shed.”

Zingeralli said the change is identical to what Huntsville now has, which recently went into effect.

Owners will be fined hundreds of dollars for animal cruelty if unattended animals are left restrained to stationary objects.

The city council is expected to vote on the ordinance change at the next council meeting on May 13, 6 p.m., at city hall.

School Board Member Applications

City Council president Steve Smith said the city has received eight applications for the Madison City school board.

The city is looking to fill the seat being vacated by outgoing school board member Connie Spears. She has served on the board since 2009.

“We are in the process of going through those eight and picking the top four,” Smith said. “We will call those top four in for the interview process and will have a new school board member by the end of May.”

The council also approved all items under the consent agenda and finance committee report. In addition to regular and periodic bills, these include the following:

• authorization for payment to 5R Design in the amount of $17,212.50 for architectural service provided for the new Public Works facility
• approval of payment for 4Site in the amount of $445.00 for civil services completed to date on Short St. widening in relation to Kyser Blvd. improvements
• approval of payment for Croy Engineering in the amount of $36,000.00 for professional services on widening Sullivan Rd. (Madison Blvd. to Kyser)
• approval of payment in the amount of $1,804,082.99 to Hoar Construction LLC for construction of the multi-use venue stadium
• approval of payment in the amount of $239.84 to Vulcan Materials for gravel for Palmer Park rejuvenation – Phase I

The council also approved a fireworks display agreement with Pyro Shows, Inc. for $14,995. “This is for our annual 4th of July fireworks show,” said Madison Parks and Recreation Director Cory Alfred. He said this is a change from the company they have used in the past. “This is the same company that was used for the Rocket City Trash Pandas logo reveal party. We will end up getting bigger shells through this company, which means more bang for the buck. It will be a bigger show this year.”

Madison City Council typically meets on the second and fourth Mondays of every month at 6 p.m. in the council chambers on the main level of Madison Municipal Complex, located at 100 Hughes Rd. A work session is scheduled for May 1 at 6 p.m.

Stay up to date on city and council matters at www.madisonal.gov.